If you have researched the EB-3 employment-based immigration program, you have probably come across terms such as PWD, PERM, Form I-140, and the Visa Bulletin. Among these, PERM is often the stage that raises the most questions, as it is also one of the longest phases of the entire process.
Many people believe that PERM is a procedure the foreign worker must complete. Others assume that once PERM is approved, obtaining an immigrant visa is almost guaranteed. In reality, neither of these assumptions is entirely accurate.
So, what exactly is PERM, what role does it play in an EB-3 case, and why is it a required step for most EB-3 applications?
What Is PERM?
PERM is the Permanent Labor Certification Program administered by the U.S. Department of Labor (DOL).
Its purpose is to allow a U.S. sponsoring employer to demonstrate that there is a genuine need to hire a foreign worker because no qualified U.S. workers are available for the position being offered.
In other words, PERM is not designed to make the process more difficult for employers or foreign workers. Instead, it is intended to ensure that hiring foreign employees does not negatively affect employment opportunities for workers already in the United States.
This is why PERM is a mandatory requirement for most EB-3 cases.
Is PERM the Foreign Worker's Responsibility?
The answer is no.
This is one of the most common misconceptions about the EB-3 process.
During the PERM stage, the procedures are carried out primarily by the U.S. sponsoring employer in cooperation with an immigration attorney.
The employer prepares the required documentation, completes the recruitment process in accordance with Department of Labor regulations, and communicates directly with the DOL.
The foreign worker does not personally file the PERM application or communicate with the Department of Labor. However, in some cases, the applicant may be asked to provide or update personal documents to help complete the case.
PERM Comes After the PWD Stage
To better understand the process, imagine building a house.
The Prevailing Wage Determination (PWD) serves as the foundation by establishing the appropriate wage for the offered position.
Only after receiving the PWD can the sponsoring employer begin the PERM process. During this stage, the employer conducts the required recruitment activities, maintains recruitment records, and prepares all necessary documentation before submitting the labor certification application to the U.S. Department of Labor.
Only after PERM is approved can the employer move forward with filing Form I-140.
Why Is PERM So Important?
PERM is one of the foundations of an EB-3 immigration case.
Through this process, the U.S. Department of Labor determines whether the employer meets all legal requirements to sponsor a foreign worker.
Without an approved PERM certification, the employer cannot proceed to the I-140 petition stage.
Therefore, although the foreign worker does not personally complete the PERM process, it remains one of the most significant milestones throughout the entire immigration journey.
Does PERM Approval Mean a Visa Will Be Issued?
The answer is no.
Even after PERM approval, several important stages still remain, including:
- Filing Form I-140.
- Waiting for the priority date to become current through the Visa Bulletin.
- Completing National Visa Center (NVC) processing or Adjustment of Status (AOS), if eligible.
- Attending the immigrant visa interview.
- Entering the United States and receiving a Green Card.
This means that PERM is a major milestone, but it is not the final destination.
What Should the Foreign Worker Do During the PERM Stage?
Although applicants are not directly involved in processing the PERM application, they should actively monitor the progress of their case and cooperate with their immigration consultant whenever additional information or documents are requested.
This is also a good time to organize personal documents, update any changes in personal information, and learn about the upcoming stages of the EB-3 process.
Understanding the purpose of PERM helps applicants avoid unnecessary anxiety when the case does not immediately move to the next stage.
Understanding PERM Helps You Better Understand the EB-3 Journey
Many applicants focus only on how long the process takes without realizing that each stage serves a specific purpose.
PERM is not simply a period of waiting. It is the stage during which the sponsoring employer fulfills important legal requirements that allow the immigration case to proceed.
Once you understand this, you will have a more realistic view of the EB-3 process and greater confidence as your case moves forward.
Conclusion
Understanding what PERM is helps you better understand how an EB-3 case is processed under U.S. immigration law.
PERM is not a procedure completed by the foreign worker. Rather, it is the responsibility of the U.S. sponsoring employer, who must demonstrate a legitimate need to hire a foreign worker before continuing with the immigration process.
If you are exploring the EB-3 program or would like to know which stage your case is currently in, TGA is always ready to provide transparent, accurate information and support you throughout your immigration journey.
